Babita Sahu v. The Transport Commnr. Cum Chairman, Sta

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) No.7415 of 2022 Babita Sahu ....

Petitioner -versusThe Transport Commissioner-cumChairman, STA, Odisha, Cuttack and another ....

Opposite Parties

CORAM:

THE JUSTICE S.PUJAHARI

ORDER

25.03.2022 Order No.

01.

1. This matter is taken up through Hybrid mode.

2. Heard.

3. The grievance of the Petitioner in this case is that though she has made an application dated 08.03.2022, vide Annexure-2 series, for cancellation of registration certificate of the vehicle bearing registration number WB-03-B-7987 to the Opposite Party No.2- Regional Transport Officer, Angul, but no decision on the same has been taken in spite of the instruction of the Transport Commissioner, Odisha in his letter No.11010/TC dated 11th December, 2020 to all Regional Transport Officers, vide Annexure-1 series. Hence, she has filed this writ petition seeking a direction to the Opposite Party No.2-Regional Transport Officer, Angul to act on her such application for

// 2 // cancellation of such certificate, notwithstanding the pendency of any tax and penalty inasmuch as the instruction as above is very clear.

4. Mr Pravakar Behera, learned Standing Counsel appearing for the Transport Department, submits that pendency of tax and penalty is no bar for cancellation of registration certificate of the vehicle.

5. Considering the same, this writ petition is disposed of with a direction to the Opposite Party No.2-Regional Transport Officer, Angul to take a decision on the application of the Petitioner, vide Annexure-2 series, for cancellation of registration certificate of the vehicle bearing registration number WB-03-B-7987 in the light of the instruction of the Transport Commissioner, Odisha, vide Annexure-1 series, within three weeks hence.

6. Urgent certified copy of this order be granted on proper application.

(S. Pujahari) PKS Judge